People v. Ford

The defendant was arrested for discharging a firearm outside his home. He was charged with one misdemeanor, possession of a defaced firearm, 1 and one felony, possession of a weapon by a previous offender. 2 Habitual criminal charges 3 were predicated upon that felony count.

Defense counsel moved to dismiss the felony possession charge, contending that the statute’s application to the defendant was unconstitutional because it violated his right to keep and bear arms in defense of his “home, person and property” as guaranteed by Colo. Const. Art. II, section 13. On the date set for trial, the…